To determine whether a confirmed finding of emotional, verbal, or psychological abuse rises to the level of reportable conduct, harm is defined as substantial harm as evidenced by observable signs of substantial physical or emotional distress or as diagnosed by an appropriate medical professional. An employee of a state operated facility also receives notice that they are entitled to a grievance hearing on disciplinary action based on a finding of reportable conduct.
This request is separate and in addition to a request for an EMR hearing. An EMR hearing takes place before the grievance hearing. To request a hearing, an employee submits a Request for Hearing , as explained in the Notice of Finding letter.
The employee must file the Request for Hearing no later than 30 calendar days from the date that they receive the Notice of Finding. PI presumes that the employee received the Notice of Finding on the date of delivery, as indicated on the return receipt for the certified mailing. If an employee disputes missing the deadline to request a hearing, they may request a hearing that is limited solely to determining the timeliness of the request.
If, as a result of that hearing, the employee proves that the original Request for Hearing was filed on time, a separate hearing is scheduled as soon as possible to determine whether the employee committed reportable conduct. Immediately upon receiving a Request for Hearing , PI forwards the request to the docket clerk for administrative hearings who assigns the case to an administrative law judge.
The hearing is usually held in the same PI district where the alleged reportable conduct took place. Either the employee or PI may request that the administrative law judge reschedule an EMR hearing for good cause. Except in cases of emergency, a request to reschedule must be made no later than three business days before the hearing date. An employee who withdraws a request for a hearing is deemed to have accepted the finding of reportable conduct and their name will be submitted to the EMR.
If either PI or the employee fails, without good cause, to appear at an EMR hearing, the administrative law judge may issue a default judgment against the party that failed to appear. An employee must first file a timely motion for rehearing as a prerequisite to judicial review.
The party filing the motion for rehearing must do so within 25 days after the administrative law judge signed the hearing order. The motion for rehearing must be served on the administrative law judge and PI attorney of record. To seek judicial review of a hearing order, the employee files a timely petition for judicial review in a Travis County district court within 30 days after the hearing order is final and appealable, as provided by Texas Government Code, Chapter , Subchapter G.
If an employee accepts a finding of reportable conduct, or the finding is sustained following all administrative remedies, the EMR coordinator forwards the information related to the finding to HHSC to be recorded in the EMR database.
HHSC employees who disagree with employer actions based on PI findings may file a grievance with the employer. Employer action examples include:. HHSC-regulated facilities and agencies are required to check the Employee Misconduct Registry and Nurse Aide Registry before hiring an individual and on an annual basis to determine if the person is listed in either registry as having committed an act of abuse, neglect, exploitation, misappropriation, or misconduct against a resident or consumer and is, therefore, unemployable.
Currently, there is one method available to perform these required searches:. Texas Health and Human Services. Search the Texas HHS site. Employee Misconduct Registry EMR In accordance with Chapter of the Health and Safety Code the purpose of the Employee Misconduct Registry is to ensure that unlicensed personnel who commit acts of abuse, neglect, exploitation, misappropriation, or misconduct against residents and consumers are denied employment in HHSC-regulated facilities and agencies.
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